Skip to main content

Legal aid debt – new case law

/
Content updates

Mailley v Legal Services Commissioner [2024] NZHC 2316 is the first court decision in several years with a focus on legal aid debt and its recovery or write-off.

This 22-page judgment of 19 August 2024 dismisses an appeal against two Legal Aid Tribunal decisions concerning a renewed attempt in 2023 to recover a 2016 legal aid debt of $2,860. Along the way, the page-turning decision traverses a number of legal aid topics, including:

  • The purpose of the Legal Services Act 2011.
  • How amounts payable are debts due to the Legal Services Commissioner.
  • Timing and methods of debt recovery.
  • Deduction notices.
  • Write-offs.
  • Legal aid reviews to the Legal Aid Tribunal.
  • Legal aid appeals to the High Court.

Commentary on Mailley is now in Legal Services (online ed, Thomson Reuters) on Westlaw New Zealand. See the Legal Services — What’s New page for details and links.

By Kevin Leary

Kevin Leary is a Senior Legal Editor in the New Zealand Analytical Law team at Thomson Reuters. He has more than 20 years' experience as an editor of bound books, looseleafs, precedents and their digital equivalents.

Related Support Articles

Speak to a consultant

Can't find an answer to your question?
Contact our support team.

Request training

Contact our team to arrange training.

Tell us what you think

We'd love to hear what you think
of our products and support.